|
|
|
|
The Ultimate Rule of Law
David M. Beatty
212 pages
|
234x156mm
978-0-19-928801-4
|
Paperback
|
21 July 2005
|
|
This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
|
|
|
- The first volume to review extensively how judicial review of the protection of human rights is practised around the world
- Provides practical information on winning arguments in major human rights cases on abortion, same sex marriage, and state funding of religious schools
- Explains the legal principle that underlies the positive obligation of states to provide for the health, education, and welfare or their citizens
The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to
basic shelter and life saving medical treatment are evaluated and compared.
Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.
Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this
conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.Readership: Scholars, and students in the fields of human rights, civil liberties and constitutional law.
|
|
|
David M. Beatty, Professor of Law, University of Toronto
|
|
|
1: The Forms and Limits of Constitutional Interpretation
2: Liberty
3: Equality
4: Fraternity
5: Proportionality
|
|
|
|
The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
|
|
